Citation Nr: 9903756
Decision Date: 02/10/99 Archive Date: 02/17/99
DOCKET NO. 97-06 717A ) DATE
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On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO) in
Boston, Massachusetts
THE ISSUES
1. Entitlement to service connection for the residuals of
cellulitis, claimed as foot infection.
2. Entitlement to service connection for dermatofibroma of
the right scapular region.
3. Entitlement to service connection for mitral valve
prolapse, claimed as irregular heartbeat.
4. Entitlement to service connection for the residuals of
flu, claimed as right throat pain.
5. Entitlement to service connection for disability
manifested by abdominal muscle strain, claimed as ruptured
muscle and pain in side.
REPRESENTATION
Veteran represented by: The American Legion
ATTORNEY FOR THE BOARD
J. R. Moore
INTRODUCTION
The appellant is reported to have had active service from
July 1, 1993 to August 13, 1993, with unverified service from
January 1992 to June 1992.
This case is before the Board of Veterans' Appeals (Board) on
appeal from a January 1997 rating decision of the RO.
REMAND
The representative argues that the appellant's service
medical records are not complete because there are no
documents referable to period of verified service (July 1,
1993 to August 13, 1993). Furthermore, the nature of the
prior period of service (in 1992) still has yet to be
verified, although medical records are available from this
period of service. Additionally, the post-service treatment
records from Hubbard Hospital need to be requested by the RO.
Finally, records of treatment at the West Roxbury VA Medical
Center should be obtained for review. The appellant also
should be asked to present all medical evidence which tends
to show that he currently suffers from residual disability
due to service.
For the reasons stated herein above, this case is hereby
REMANDED to the RO for the following actions:
1. The RO should contact the
appropriate military sources and
attempt to obtain verification of the
veteran's 1992 military service and
also attempt to obtain service
medical records from his 1993 period
of service.
2. The RO should request the
appellant furnish the names and
addresses of all medical care
providers who have furnished
treatment for the claimed conditions
since service. He should be
requested to furnish signed
authorizations for release of medical
records in connection with each
private source identified, so that
the RO can request them. Copies of
the medical records from all
identified treatment sources should
be requested. All VA treatment
records of the appellant should be
obtained. The Board notes treatment
at Hubbard Hospital and at the West
Roxbury VA Medical Center is
specifically indicated in the claims
folder. The appellant also should be
requested to submit all medical
evidence which tends to support the
assertion that he has residual
disability due to disease or injury
which was incurred in or aggravated
by service. All records obtained
should be associated with the claims
folder.
3. When the above actions have been
completed, the RO should undertake to
review the appellant's claim. All
indicated action should be taken in
this regard. In the event any
determination remains adverse to the
appellant, the claims folder and the
assembled data should be returned to
the Board for completion of appellate
review after compliance with the
provisions of 38 U.S.C.A. § 7105. No
action is required by the appellant
unless he receives further notice.
By this action, the Board intimates no opinion, legal or
factual, as to the ultimate decision warranted.
This claim must be afforded expeditious treatment by the RO.
The law requires that all claims that are remanded by the
Board of Veterans' Appeals or by the United States Court of
Veterans Appeals for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans' Benefits Improvements Act of 1994, Pub. L.
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A.
§ 5101 (West Supp. 1998) (Historical and Statutory Notes).
In addition, VBA's ADJUDICATION PROCEDURE MANUAL, M21-1, Part
IV, directs the ROs to provide expeditious handling of all
cases that have been remanded by the Board and the Court.
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.
STEPHEN L. WILKINS
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1998).
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